Superintendent Wes Smith is interviewed by CNN about the

It’s opinions like these that echoed Tuesday night in the
Britton Middle School theater:
It’s opinions like these that echoed Tuesday night in the Britton Middle School theater:

“I’m outraged as a taxpayer. All this national media … This could have been a very easy teaching moment. Instead this is a legal moment. This was a poor management decision and someone needs to pay for it,” John Zent said.

“To the Latino kids that are here, you are not going to change the minds of one person that is being offensive to you. Educate yourselves. That is the way to honor the flag,” Teresa Casillas said.

“This was totally mishandled … if lawsuits follow, who pays for it? The school district. Who’s the school district?” Stan Faulwetter said pointing to the crowd. “I’m hoping this will be handled appropriately.”

“You don’t scapegoat employees. You simply don’t, and while it’s true mistakes are made on campus … more miracles occur every single day than mistakes and I hope that we can remember that,” Laura Gonzalez-Escoto said.

The incident at Live Oak High School on Cinco de Mayo drew the ire of about 250 people who gathered to cheer, applaud and boo the comments of their Morgan Hill neighbors.

The decision by Principal Nick Boden to send four students home who were wearing American flag T-shirts on Cinco de Mayo to maintain safety at the school and prevent any fights has grabbed the nation’s attention since that day and continued Tuesday when every major Bay Area TV news station was on-hand, including CNN.

The 35 people who addressed the school board and the near-capacity theater delved into every aspect of what the incident spurred, how it could have been prevented and what it meant to each person.

To all that spoke and the many who gave praise with “here, here” or others who heckled – it stirred up deep-seated emotions from everyone in attendance. Several Morgan Hill police officers were stationed in the back of the theater, but no disruption was made during the one hour and 45 minute public forum.

On Monday, the American Civil Liberties Union sent a three-page letter addressed to Superintendent Wes Smith and Live Oak Principal Nick Boden was also sent a copy. While there was no threat of a lawsuit, the letter did outline the fault of the decision by administrators to ask students to remove patriotic clothing no matter what day it is and the constitutional protection the law provides.

“And, while the vice principal’s action may have been motivated by a desire to prevent serious disruption, the very fact that the display of an American flag would cause such concern is a sigh that the district should address underlying racial and/or cultural tensions at Live Oak High School,” wrote Julia Harumi Mass, the ACLU staff attorney.

Some called for the Live Oak administration’s removal, yet others did defend what transpired that day and also brought to light the history of a racial divide – Hispanics versus whites – at Live Oak.

“We have racial discrimination still? This is 2010,” Teresa Rita Corona, 18, said, is a student at Live Oak. She said the tension has been there since her mother went to Live Oak and that it needs to be resolved.

“Hopefully they heard the fire in us,” Corona said after the meeting, who agreed with the decision made by administrators May 5. She said safety has always been an issue at that school. Several students from Ann Sobrato High School said Live Oak is known for being more dangerous with more racial division than their high school, where they say race isn’t an issue among friends.

“This is more than a kumbaya symbol,” Mark Zappa of Gilroy said after a woman spoke about the symbolism of the American flag she brought with her. “This is incorrigible. This was no small infraction. This was no speeding ticket. I want to see the vice principal and principal fired,” he said.

Boden will retire at the end of this school year. His decision was made prior to May 5. An investigation of the incident is being done internally and is ongoing, Smith said. The district is meeting with students, Live Oak staff and the parents. Smith said they are making sure a thorough investigation is done and expects an update within the next few weeks.

One Morgan Hill resident Lee Parchert spoke on behalf of defending the First Amendment. He referred to the Supreme Court decision in 1969 of Tinker vs. Des Moines Independent Community School District, when it was upheld that students have the right to free speech and expression and the right is not given up at the gates of the school.

“If safety was an issue, why were the students offered to turn their shirts inside out and return to class?” Parchert asked. He used the evidence of that day when Assistant Principal Miguel Rodriguez asked the teens during their brunch break to go to the office, yet there were plenty of students who would remember who those four students were, he said, if inciting violence was the real issue.

“This line of logic holds no water. Your irresponsible administrator has not only caused committed a criminal act … But also could cause economic peril. Not removing this individual will have an already cash-strapped district exposed to legal action,” Parchert said.

Smith was asked to fire the Live Oak administrators, but he also was thanked by several people for his swift response to the incident. Smith reiterated what the school district has said since May 5 that students are always allowed to wear red, white and blue.

“The students should not have been asked to remove their patriotic shirts,” Smith said, his statement met with a round of applause. He also said he hopes the community may “uncover greatness from controversy.”

Joy Jones, the mother of Daniel Galli, said again Tuesday that her son and the other boys Austin Carvalho, Dominic Maciel and Matt Dariano wore the American flag because they are proud of their country and that they had no idea the “political correctness would loom.”

She said the parents will continue to seek a personal apology from Live Oak’s administration, they want their absences cleared with full credit for classes missed and the school district to guarantee their safety.

The school district maintains that student safety is their No. 1 priority.

What happened at Live Oak unearthed a lot of emotion and a lot of opinions. So, is there anything positive that can be derived?

“It is good. It brings it to the surface. It’s like we gotta re-dye the colors of the American flag again to get people to understand,” said Larry from Gilroy, who declined to give his last name. “And there are people willing to re-dye this thing.”

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